vX Services are backed by the following Service Level Agreements (SLA) and allows the Customer to receive credits set forth below if one or more SLAs objectives are not achieved.
In this SLA, the following terms are defined as:
- “Data Center” means the physical location where vXchnge houses computer systems and associated components.
- "Data Center Availability” means all the time in any calendar month the Data Center is available to visit, not to include Scheduled Downtime.
- “Data Center Downtime” means any interruption in the Data Center Availability guaranteed in Section 3.1., not to include Scheduled Downtime.
- “Force Majeure” means an act of nature (including fire, flood, earthquake, storm, hurricane or other natural disasters impacting data centers), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, or embargo.
- “Power” means the physical electricity delivered to the Customer within the Data Center.
- “Power Downtime” means any interruption to the Power delivered to the Customer within the Data Center guaranteed herein.
- “Environment” means the recorded ambient temperature in front of the cabinet.
- “Environment Downtime” means a change in the recorded ambient temperature that is outside of the ASHRAE Recommended Temperature Guidelines range maintained in front of the cabinet.
- “Service Agreement” shall mean the agreement for Services executed by both vX and Customer.
- “Service Outage” shall mean any Data Center, Power or Environment downtime.
- “Services” shall have the meaning ascribed herein.
All credits described below are subject to the following rules and conditions:
- Co-location contract must be for a minimum of twelve (12) months in duration, and no credits will be issued to Customers that have a month-to-month service.
- The total amount of credit per month is limited to the Monthly Recurring Charge (MRC) for the affected services.
- To be eligible for any credit, Customer MUST contact vX customer service at (800) 553- 1829 or submit a ticket using in\site within forty-eight (48) hours of the event. A ticket MUST be opened to be considered for any credit.
- vX will use every reasonable commercial effort to confirm a missed SLA, and no credit will be issued unless it is confirmed by vX.
- The Customer will also be responsible for assisting vX in the restoration of service, including but not limited to, allowing access to customer equipment, engaging in network diagnostics, providing necessary data and providing LAN support personnel. Failure to do so may void the credits on the affected breach.
- No credits will be made if failure is attributed to reasons of Force Majeure.
- No SLA credits will be awarded to Customers with delinquent or non-current account payment status.
- SLA outages as a result of previously scheduled maintenance are not eligible for SLA credit. A minimum of forty-eight (48) hours advance notice will be provided for all scheduled maintenance. Any SLA not achieved as a result of scheduled maintenance with less than forty-eight (48) hours notice is considered unscheduled and is eligible for SLA credits.
- Outages attributed to coordinated Denial of Services (DOS) beyond the control of vX and against the vX network or Customer's network will be excluded from SLA credits.
|vX\defend Service Availability Guarantee SLA||Credit|
vX\defend Service Availability guarantee is 100%
vX\defend Service Availability Guarantee is defined as the availability, over a 30-day period, of IP connectivity between the Customer's access port and at least one upstream Internet Service Provider for the Customer to send/receive traffic to/from the Internet. It includes vX switches, routers, and physical cables between Customer's access port and vX switches. Additionally, it includes the Customer's Primary DNS zones availability.
The Guarantee does not include customer-caused outages or disruptions, Customer's equipment or application failures, the performance of Internet Networks controlled by outside Companies, failures within ISP networks or within the Internet, DDoS attacks, Customers not using redundancy mechanisms provided by vXchnge (i.e. dual handoffs, dual BGP sessions, virtual default gateway), Customer's patch cable failures, traffic exchange points outside of the control of vX, or scheduled maintenance activity.
One (1) day of MRC for the first 120 minutes.
Four hours (4) of MRC for every 60 minutes after 120 minutes.
|vXdirect Cogent Network Latency Guarantee||Credit|
The monthly average Network Latency for packets carried over the COGENT Network between backbones for the following Regions is as specified below:
Intra-North America: 45 Milliseconds or Less
Intra-Europe: 35 Milliseconds or Less
New York to London (Transatlantic): 85 Milliseconds or Less
Los Angeles to Tokyo: 125 Milliseconds or Less
Network Latency (or Round-trip time) is defined as the average time taken for an IP packet to make a round trip between Backbone Hubs within the regions specified above on the COGENT Network. COGENT monitors aggregate latency within the COGENT Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis.
After being notified by Customer of Network Latency in excess of the rates specified above, COGENT will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the COGENT Network.If Cogent fails to remedy such Network Latency within (2) hours of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates in the detailed in the table.
One (1) day of MRC.From the period of time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the times indicated.
|vXdirect Cogent Network Availability and Notification||Credit|
|If the customer experiences un-scheduled Network Unavailability for a DireXConneX Cogent service for more than 15 consecutive minutes.||
One (1) day of MRC
for each cumulative hour of Network Unavailability in any calendar month.
|vXdirect Cogent Packet Delivery Guarantee||Credit|
Packet Loss is defined as the percentage of packets that are dropped between Backbone Hubs on the Cogent Network. Cogent monitors this aggregate packet loss on an ongoing basis, and compiles the collected data into monthly average packet loss measurement for the Cogent Network.
If Service Provider fails to remedy within three (3) hours of being notified of any Packet Loss and upon request of the customer.
One (1) day of MRC after 180 minutes.Four hours (4) of MRC for every 60 minutes after 120 minutes.
|vX IP Service Availability Guarantee SLA||Credit|
vX IP Service Availability Guarantee is 99.999%
vX IP Service Availability Guarantee is defined as the availability, over a 30-day period, of IP connectivity between the Customer's access port and the last egress router before packets are handed to the upstream provider. It includes vX switches, routers, and physical cables between Customer's access port and vX switches. Additionally, it includes the Customer's Primary DNS zones availability.
It does not include customer-caused outages or disruptions, Customer's equipment or application failures, the performance of Internet Networks controlled by outside Companies, DDoS attacks, Customer's patch cable failures, or traffic exchange points outside of the control of vX.
One (1) day of MRC after the first 6 up to 120 minutes.
Four hours (4) of MRC for every 60 minutes after 120 minutes.
|vX Power Guarantee SLA||Credit|
Power SLA Standard:
vX guarantees that AC power will be available to the Customer's equipment in its colocation space 100% of the time.
AC Power Availability SLA Process:
Customer must have equipment capable of utilizing dual power sources and equipment must be plugged directly into both the primary power strip and the redundant power strip. Customer must not permit power consumption to exceed the power rating identified in the Service Agreement or Service Amendment including customer overload or negligence and all equipment must be UL approved. Cabling used by Customer must meet national electrical and fire standards and any specifications provided by vX.
"Power Downtime" consists of the number of minutes that power was not available at a given point in time at the Customer's Data Center Service cabinet to the primary outlet or redundant outlet. Power Unavailability will not include unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's applications or equipment, or (c) acts or omissions of Customer or any use or user of the service authorized by Customer.
One (1) day of MRC for each instance within a twenty-four (24) hour period.
|vX HVAC Guarantee SLA||Credit|
vX guarantees over a 24-hour period an average ambient temperature in the front of a cabinet’s environment, in accordance with ASHRAE Recommended Temperature Guidelines. vX does not guarantee temperatures within specific closed cabinets or private suites.Should vX fail to correct the HVAC Guarantee within forty-eight (48) hours, after Customer's notification, vX will credit Customer the specified SLA credits.
One (1) day of MRC for each twenty-four (24) hour period where the average ambient temperature is not in compliance.
|vX Real-time Information Technology Asset Management (ITAM) Tracking||Credit|
|The Real-time Information Technology Asset Management Asset (ITAM) Tracking product is not covered under any SLA and is provided strictly on an as-is basis. Product availability is not guaranteed. Asset status accuracy is not guaranteed. Real-time asset tracking is not guaranteed. RFID asset status logs are provided as a convenience and should be verified with a separate audit.||N/A|